Published: 06 September 2012
Author: Peter Claven
The "Drive to Work" licence: Dispelling the Myth
There seems to have been a recent spike in the number of people who have been convicted of driving offences and lost their driving licence but who, for whatever reason, believe that they can still negotiate an agreement that allows them to continue to drive to and from work (a "drive to work" licence).
For many people, the loss of a driver's licence can impact employment. Notwithstanding this, the law in Victoria is that you either have a driver's licence or you don't. It's pretty black and white. Never has a "drive to work" licence existed in Victoria.
If you are found guilty of drink driving, drug driving, driving at an excessive or dangerous speed, dangerous or culpable driving or one of a number of other Victorian driving offences which carry a minimum mandatory licence loss period, the Court will suspend or cancel your licence for a period that is not less than the minimum penalty set by legislation.
There are other offences, such as careless driving, that do not carry a minimum mandatory licence loss period and where the Court has the discretion to suspend or cancel your licence. Even if the Court elects to suspend or cancel your licence for one of these offences, there is nothing you can do.
If you are concerned about the impact that a loss of licence may have on your employment, then you need to do everything you can to contest the charge/s or, in the alternative, ensure you get the minimum licence loss period that the law allows.
Peter Claven is a lawyer with Stringer Clark (part of the RCT Group). He practices in a range of areas including criminal law.